Tarkeshwar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37692 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- GOBARDHANA District- West Champaran ====================================================== Tarkeshwar Mahato, aged about 21 Years, Male, S/o Raj Mohan Mahato, R/o Village- Pachrukhiya, P.S.- Gobardhana, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-02-2021 Heard both sides.

The petitioner seeks bail in Gobardhana P.S. Case No.02 of 2020, registered under Section 376 of the Indian Penal Code.

The mother of the victim alleged that the petitioner on the pretext of marriage established physical relation with her daughter, aged about 18 years.

Learned counsel for the petitioner submits that the daughter of the informant was medically examined and she was found to be 19 years. The victim is a major girl. No sign of rape was found. The petitioner is in jail since 09.01.2020. The petitioner has remained in jail for 13 months. Having regard to the facts that the doctor opined the victim to be major, no sign of rape was found and the petitioner

Patna High Court CR. MISC. No.37692 of 2020(2) dt.09-02-2021 2/2 is in jail for 13 months, petitioner, namely, Tarkeshwar Mahato is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Bagaha, West Champaran in connection with Gobardhana P.S. Case No.02 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T